10.07.2010

Microsoft Suggests Public Health Response for Sick PCs from Clyde - While Microsoft could try to make a better product, there is no incentive for them do so when they can externalize expenses that would otherwise be internal. We see the same issue play out with companies who pollute and companies that sell products that make otherwise healthy people sick. In this case, Microsoft has an even greater advantage as they are able to avoid all liability associated with making an inferior product through the use of an unconscionable End-User License Agreement (EULA). This allows them to avoid the liability and costs associated with making a product that is not fit for the purpose for which it is sold, which is otherwise a common law requirement for making any product. This is unfair to all other business sectors as it gives them a legal advantage that no other sector enjoys, thereby violating the principle of equal protection under the law.